Foreclosure notices

NORTH CAROLINANEW HANOVER COUNTY In the General Court of JusticeSuperior Court DivisionBefore the Clerk

17 SP 333

In the Matter of the Foreclosure of the Deed of Trust of Diane P. Searle and Robert C. Searle, Mortgagors-Grantors, To Samuel B. Potter, Substitute Trustee, And Acquisition Holdings, LLC, Noteholder/Beneficiary.

As recorded in Deed of Trust

Book 5704 at Page 2109

Under and by virtue of the power and authority contained in a certain Deed of Trust executed and delivered by Diane P. Searle and Robert C. Searle dated January 16, 2013 and recorded on January 17, 2013 in Book 5704 at Page 2109, of the New Hanover County Public Registry and pursuant to the Orders of the Clerk of Superior Court for New Hanover County, North Carolina, entered in the above-captioned foreclosure proceedings, the undersigned, Samuel B. Potter, Substitute Trustee, will expose for sale at public auction at 4:00 P.M. on July 20th, 2017, at the appropriate place for foreclosure sales at New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the real property (including any improvements thereon) which is more particularly described on Exhibit A attached hereto and incorporated herein, and being commonly known as:

3705 Carolina Beach Road, Wilmington, North Carolina 28412

After applying the proceeds from the sale to those items authorized under N.C.G.S. § 45-21.31(a)(1-3), the Substitute Trustee will apply the proceeds to the payment of the obligations secured by the Deed of Trust to the payment of that certain Commercial Promissory Note (“Note”) originally dated January 16, 2013 executed by Diane P. Searle in the original principal amount of $350,000.00.

The sale will be subject to any and all superior mortgages, deeds of trust and liens, including without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following confirmation of the sale.

The above-described real property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the real property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

The record owner of the above-described real property as reflected on the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this notice is Diane P. Searle.

Pursuant to N.C.G.S. § 45-21.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the last bid or $750.00. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. § 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.

This sale will be held open for ten (10) days for upset bids as required by law.

Except as may be otherwise provided by applicable law, if the real property to be sold pursuant to this Notice of Sale is residential property with less than fifteen (15) rental units then: (i) an order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the county in which the real property is sold; and (ii) any person who occupies the real property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days’ written notice to the landlord, and upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Being all of Lot C-1, as shown upon that plat or map entitled “Division of Lot “C”, B M Wilson Farms” which is recorded in Map Book 45 at Page 329 of the New Hanover County Registry.
Together with, and subject to, a non-exclusive joint and mutual driveway easement providing access from and to US Highway 421 to the above described property and the property described as Lot C-2, all as shown on the map recorded in Map Book 45 Page 329 of the New Hanover County Registry.

July 6 & 13, 2017

NOTICE OF FORECLOSURE SALE

16 SP 351

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Wendell Wilson a/k/a Wendell Blane Wilton and Katherine Wilton a/k/a Katherine C. Wilton (PRESENT RECORD OWNER(S): Wendell B. Wilton and Katherine C. Wilton) to CB Services Corp, Trustee(s), dated the 20th day of April, 2007, and recorded in Book 5172, Page 790, and Modification in Book 5844, Page 622, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on July 11, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of New Hanover, North Carolina, and being more particularly described as follows:

BEING all of Lot 2B, Kirkham Land, according to a map thereof titled “Division & Reconfiguration of Portions of Lot 2 and Part of Tract 5, Kirkham Land” duly recorded in Map Book 44 at page 89 in the Office of the Register of Deeds, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 318 Cabbage Inlet Lane, Wilmington, North Carolina.

Together with that certain 20′ private access easement and that certain 30′ private access easement as shown on aforementioned plat.

TOGETHER WITH:

ACCESS EASEMENT NO. 1:
BEING that 20 foot access easement over Lot 2 and over a small portion of Tract 7 of the Kirkham land all as depicted on the map captioned “Division of Lot 2, Part of Tract #5, Kirkham Land” by Sherwin D. Cribb, RLS dated December 14, 1992 and revised August 1, 1996 and recorded in Map Book 36 at Page 101 of the New Hanover County Registry. Grantee by acceptance of this deed agrees not to cut, remove or damage any trees over 4 inches in diameter, any ornamental trees of any diameter, any shrubs or any ornamental vines growing within the 20-foot easement. Grantee may prune such trees, shrubs and vines to allow a one lane driveway in accordance with good horticultural practices.

ACCESS EASEMENT NO. 2:
BEING a 30-foot easement as depicted on the map of Kirkham land recorded in Map Book 21 at Page 100 and being that 30-foot easement which lies 15 feet on either side of a centerline that is also the common boundary between Lot 1 and Lot 2 as depicted on the aforesaid map; thence turning in a southerly direction and being a 30-foot wide strip along the northwest boundary of Lot 2 as depicted on the aforesaid map, and being an easement in common with the owners of Lots 1, 2 and 3 as shown on said map.

ACCESS EASEMENT NO. 3:
All of Grantor’s rights, title and interest in any easements serving as access to the property, including access easements in Cabbage Inlet Lane and rights of access over the existing road across the property between Oyster Bay Subdivision and the 30-foot access easement as depicted on the map of Windchase Subdivision recorded in Map Book 28 at Page 78.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Robert A. Thomas and Glancy P. Thomas, (Glancy P. Thomas and Robert A. Thomas, Both Deceased) (Heirs of Robert A. Thomas: Tonja T. Goldring, Tasha B. Thomas, Tasha B. Thomas, Trustee and Ruben C. Gallashaw) to Trustee Services of Carolina, LLC, Trustee(s), dated the 25th day of January, 2013, and recorded in Book 5708, Page 327, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on July 11, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of New Hanover, North Carolina, and being more particularly described as follows:

BEGINNING at an iron pipe in the western line of Cardinal Drive, North 68 degrees 33 minutes West 30.0 feet from a point in the centerline of said Cardinal Drive, this said point in the centerline of Cardinal Drive being located North 21 degrees 27 minutes East 1905.9 feet from a railroad spike located at the point where the said centerline of the said Cardinal Drive is intersected by the centerline of Oriole Drive, this said railroad spike being shown on a map of Section 1-A, College Acres, recorded in Map Book 8 at Page 79 of the New Hanover County Registry; running thence from said beginning point and along the said western right-of-way line of Cardinal Drive North 21 degrees 27 minutes East 105.0 feet to an iron pipe; thence North 68 degrees 33 minutes West 200. feet to an iron pipe; thence South 21 degrees 27 minutes West 105.0 feet to an iron pipe; thence South 68 degrees 33 minutes East 200.0 feet to the beginning. Together with improvements located thereon; said property being located at 26 South Cardinal Drive, Wilmington, North Carolina.

Parcel ID Number: R05014-012-002-000

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Thomas F. Cavenaugh, Jr. and Janice Asbell Cavenaugh to William R. Echols, Trustee(s), dated the 13th day of October, 2009, and recorded in Book 5449, Page 905, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on July 11, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of New Hanover, North Carolina, and being more particularly described as follows:

The following described property

Being all of Lot 32, Section 6A, Tyndall, as shown on map of same recorded in Map Book 34, at Page 125 of the New Hanover County Registry, State of North Carolina, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 3549 Iris Street, Wilmington, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

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